Thomas v. Farley Manufacturing Co.
Supreme Court of Iowa
Appeal from Cerro Cor do District Court. — Hon. John B. Cleland, Judge. Defendant instituted a suit on a money demand against plaintiff, in which they sued out an attachment, on which, the sheriff seized a stock of groceries.
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Appeal from Cerro Cor do District Court. — Hon. John B. Cleland, Judge. Defendant instituted a suit on a money demand against plaintiff, in which they sued out an attachment, on which, the sheriff seized a stock of groceries. Plaintiff then brought this action, alleging in her petition that she holds a mortgage on the attached property, which was duly recorded before the levy; and thatimmdiately after the seizure she gave the sheriff notice, in writing, of her claim, and demanded the release of .the property, also that she gave him a statement of the nature and amount of the debt secured by…
1Opinion of the CourtReed, J.
1, pmamng : “^t'entitled when'noV’ weii taken. — I. The ground of the demurrer was that “ the facts stated in the petition do not entitle plaintiff to the relief demanded.” ,As stated above, the prayer of the petition was for an injunction restraining defendants from seizing, taking or holding said mortgaged property under and by virtue of said writ of attachment, or in any manner interfering with the same, without first paying or tendering or depositing the amount of said mortgage debt, and for general relief. The question which has been argued by counsel on both sides is whether, on the…
2Cases cited1 opinion
- City of Council Bluffs v. StewartSupreme Court of Iowa · 1879
3Cited by14 opinions
- Boatwright v. American Life Insurance Co.Supreme Court of Iowa · 1920
- Ewing v. Webster CitySupreme Court of Iowa · 1897
- Howard v. National French Draft Horse Ass'nSupreme Court of Iowa · 1915
- McAnulty v. PeisenSupreme Court of Iowa · 1929
- Western Union Telegraph Co. v. AyresCourt of Appeals of Texas · 1907
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